Implied Consent & DUI

Oregon’s implied consent law can have long-lasting consequences on those who refuse to submit to breath or blood tests. At Mario F. Riquelme & L. Todd Wilson Partners At Elliott, Riquelme & Wilson LLP, in Bend, Oregon, our attorneys understand that you may be in a difficult situation after refusing to take a test. We can help you determine your best options for minimizing the consequences.

Although many people have heard the phrase “implied consent” relative to driving under the influence of intoxicants (DUII, also known as DUI or DWI) in Oregon, most do not grasp its meaning and importance even after an arrest. Important basic facts and considerations include:

  • Under Oregon’s implied consent law, all drivers on public roadways essentially agree in advance to submit to chemical testing if an officer has reasonable grounds to suspect DUI.
  • Refusals of breath tests and/or urine tests are punishable with longer driver’s license suspension periods than test failure — one year vs. 90 days in most first-offense cases, for example.
  • The implied consent aspect of your case is separate and distinct from your DUI criminal case, and either may have severe consequences independent of the other.
  • To contest any driver’s license suspension after either a test failure or refusal, you must file a request for a DMV Implied Consent Hearing within 10 days.

Skilled, Knowledgeable DUI Defense and DMV Hearing Representation

Our criminal defense attorneys are well-equipped to provide both DMV hearing representation and resourceful, dedicated DUI defense. We will develop an approach and strategy for your case based on your key priorities as well as the circumstances of your traffic stop and arrest.

Our experience extends across the spectrum of both drunk driving allegations and drug-related DUII cases, including vigorous defense of:

  • Commercial driver’s license (CDL) holders whose ability to make a living depends on maintaining their driving privileges
  • People arrested for DUII and subject to driver’s license suspension when visiting Central Oregon from other states
  • Those charged with felony DUI, vehicular assault or other extremely serious charges due to prior arrests, involvement in an accident or certain other circumstances

Respected 15-year defense attorney L. Todd Wilson is one of the select few members of the National College of DUII Defense practicing in Central Oregon. Attorney Mario F. Riquelme also has clear, proven strengths in all aspects of this key practice area. We provide an all-out defense of your rights, driving privilege and future after an arrest for drunk or drugged driving.

Schedule Your Initial Consultation now

We are ready to fight for you. Call us today at 541-323-2013 to schedule your initial consultation. You may also get in touch with us online.

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I trust Mario explicitly as he has proven himself to be extremely professional, ethical, competent and will fight for the best possible outcome. He was able to negotiate a settlement that will allow me to get back on track and for that I will always be grateful.

Jan G.

Todd handle my case flawlessly. After reviewing the facts of my case, he was able to identify where mistakes had been made and the options available to me. Once a decision was made on how to proceed, he walked me through the process making it as painless as possible.

John
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